Home Deans' Memos MEMORANDUM 00-6
February 9, 2000
| To: | Deans of Member and Fee-Paid Schools |
| From: | Carl C. Monk |
| Subject: | Suspension of Recent Executive Committee Policy Regarding "Solomon Amendment" |
I reported in an earlier memorandum (Deans Memorandum 00-02, dated January 24, 2000) that the Executive Committee had decided to reinstate its policy requiring, in essence, that member schools prohibit the military from using law school career services facilities and assistance. This prohibition was based on the military's practice of discriminating on grounds that are inconsistent with AALS nondiscrimination principles. The decision to return to earlier policy was made after federal law (the "Solomon Amendment") was changed to eliminate the potential loss of student aid funds if the military was barred from a school.
Subsequent to the Executive Committee meeting at which this decision was made, the Department of Defense adopted interim regulations which remove the sub-element or unit exemption from the application of the Solomon Amendment. This latest change means that a law school's refusal to permit the military access to its career services facilities would put at risk certain federal grant funds from the Department of Defense throughout the parent college or university.
The Executive Committee is exploring possible responses to the new regulations. In the interim, however, the AALS policy announced in Deans Memorandum 00-02 is suspended. Member schools that allow military employers access to career services facilities are still obligated to ameliorate their presence by posting notice to the general law school community that military practices are inconsistent with the school's nondiscrimination policy under AALS Bylaw 6-4(b) and by taking other steps to ensure a welcoming and inclusive environment for all students, including gays and lesbians. (For further guidance on amelioration, see Deans Memorandum 98-23, dated May 14, 1998, available at www.aals.org/98-23.html).
It is unfortunate that the future status of the relevant regulations is unclear. The Executive Committee will provide further guidance once these uncertainties are settled.
Please contact AALS Deputy Directory, H.G. Prince, if you have questions regarding this policy.
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